Permanent resident been out of US for 4 years.

[2ndChance]

Hello all,

I entered the US in 1999 on a J-2 (exchange visitor visa) got married to a US citizen in August 2000 and filed for adjustment of status. I was granted permanent residency in October 2001 and stayed in the US until September 2004.

After that time we both moved to my country in Europe and have lived here since. We are now considering going back to live in the US. Of course my permanent residence status is long expired, and probably also considered abandoned. What are my options regarding obtaining a new permanent status? Do you think there is anyway we can get my permanent status reinstated? Or do we have to start the process all over again?

We plan to move back to the US in summer 2009. Is it possible to start the process in advance so I don’t have to enter the US on some K visa and file for adjustment of status upon arrival in the US?

I should mention that we have lived together, filed joint tax returns and have had joint owned banks accounts in the US for the entire time since 2000, including the time we have been living in Europe.

Thanks for any helps and thoughts

[nscagony]

Your GC status is expired, but you can re-start the process without any issues. File a new I-130 and once its approved get an immigrant visa at the nearest consulate. There is a good chance you will get the visa in time for summer 2009.

[2ndChance]

I meant to post this under "Family Based Green Cards - Through Marriage or a Relative " Maybe a moderator would be kind to move it over there?

Thanks for answering nscagony. If we file a new I-130, what kind of visa will I get to go back?

[PraetorianXI]

Originally Posted by 2ndChance

I meant to post this under "Family Based Green Cards - Through Marriage or a Relative " Maybe a moderator would be kind to move it over there?

Thanks for answering nscagony. If we file a new I-130, what kind of visa will I get to go back?

An IR1 Immigrant Visa.

[LucyMO]

she probably doesn't need to file a new I-130 since the old one will be good for life as long as she is married to the same husband who filed it. IMHO, she needs to file DS-230, but the consulate needs to be notified of I-130 somehow. Perhaps, I-824 will do the trick.
Get an immigr. lawyer.